Demerit points are assigned to your driving record based upon the rate of speed recorded:
- 0 to 15 km/h – no loss of points
- 16 to 29 km/h – 3 points
- 30 to 49 km/h – 4 points
- 50km/h or more – 6 points/30 day suspension
Regardless if there are points or not, any conviction on a driving abstract can affect your insurance rates.
The police officer nor the courts are obligated to tell you about the demerit points or any of the other hidden penalties for traffic tickets.
Licence Suspensions Novice Drivers
Novice drivers have addition rules and penalties for the accumulation of demerits.
- any conviction with 4 or more points
- any accumulation of 6 or more points
Meaning demerit points are important to have removed for Novice Drivers. Any conviction that a novice driver receives for more than 29km/h will result in a licence suspension.
Demerit point penalties for novice drivers:
- 2 points – warning letter
- 3 points – warning letter
- 4 points from one ticket – thirty (30) day licence suspension
- 6 point accumulation – thirty (30) day licence suspension
Where a novice driver has been suspended for demerits and has an additional accumulation of points the licence will be suspended:
- second accumulation – sixty (60) day suspension
- third accumulation – cancelation of drivers licence
Should the driver receive a suspension, the suspension can increase the insurance up to one hundred (100) percent.
Probationary drivers called “Novice Drivers” include class G1, G2, M1 and M2 drivers.
Ontario Class G Licences
Licensed class G drivers may receive a warning letter from the Ministry of Transportation when they receive a conviction.
At nine (9) demerits the driver will receive a letter demanding that the driver attend at the Ministry’s offices for “Demerit Point Licence Interview“.
The interview is to discuss:
- the driving habits,
- convictions, and
- if drivers licence should be suspended.
Where the driver refuses or does not attend the licence will be suspended until the interview is held.
At fifteen (15) demerits the Ministry of Transportation will suspend the drivers licence for thirty (30) days.
Read More about Licence Suspensions >
Ontario Regulation 339/94
Demerit points are listed in the Ontario Regulations section 339/94 which includes a complete list of traffic tickets with their associated demerits.
Most moving violations including have demerit points associated to them. Drivers accumulate demerits up to the limits assigned to each class of licence.
The demerits stay on the driving record for two (2) years from the date of conviction, not from the date of the offence.
Upon reaching the limit the Ministry of Transportation will suspend the drivers licence for thirty (30) days for a first violation.
Delaying Demerit Points
You can delay and reduce the amount of time demerits go on the driving record by applying for a court date and fighting the ticket.
Demerit points are on your licence for two years from the date of the offence. The conviction stays on your licence for one extra year. Demerit points are accumulated, not lost.
If the driver pleads guilty to the ticket shortly after receiving the it, the conviction and demerits go on the record as of the date of the conviction/day paid.
Applying for a Court Date
If the driver applies for a court date, the convictions and any demerit points are not registered until after the court date.
The court date maybe months and sometimes a year away. The time it takes for the ticket to come to court is subtracted from the two years that demerits are on a driving abstract.
For example, if
- you receive a ticket in January,
- and apply for a court date
- the case does not come to trial until October,
- the demerits are not applied until after the October court date.
The demerit points would only be on the driving abstract for 14 months, instead of 2 years (2 years minus the 10 months it took for the ticket to come to court).
As well the insurance company would only find out about the offence until after the court date.
- driver was ticketed in January, and
- their insurance renewed in March,
- but the court date wasn’t until October
- the conviction could be kept off the driving and insurance record until the following renewal in the next year.
Subsequently, the driver would save any insurance increase for one year.
Many drivers can save money by seeking help or managing when convictions may appear on a driving record.